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Case File: P 13 -01 CU 13 -06 ZC 13 -03 Kliever Lake Fields 4th Page 4 In the review of the standards for Final Plat as outlined, it appears that the request is consistent with all of these standards. Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. lYlill not endanger, injure or detrimentally affect the use and enjoyment of otherproperty in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. 1Vill be consistent with the comprehensive plan. 3. Dill not impede the normal and orderly development and improvement of surrounding vacant property. 4. mill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares 5. WIN not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to anypersons orproperty because of excessive traffic, noise, smoke, fumes, glare, odors, dust or vibrations 6. bill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. 1Vill fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30 -654. In the review of the standards for CUP as outlined, it appears that the request is consistent with all of these standards. Rezoning In reviewing a proposed amendment, consideration shall be given to existing conditions within the area directly and indirectly affected by the proposal, the conservation of property values, the use to which the property affected is being devoted at the time, and relevant provisions, if any, in the land use plan. ANALYSIS Conditional Use Permit A Conditional Use Permit (CUP) is proposed to allow for the rezoning of the property from R -3 to PUD, Planned Unit Development. All Planned Unit Developments acquire a CUP as part of the development approvals. This also establishes the Planned Unit Development Agreement, which outlines the application of the zoning requirements to the future land owners. Zone Change The Planned Unit Development zoning provides flexibility from the strict application of the R -3 zoning district to the mutual benefit of both parties. While the project will be patterned in many ways to be consistent with R -3, the proposal does not meet all requirements, including frontage on public streets, the required setback from major streets, and the design materials standards. The PUD process, an open, transparent review of a project, is supported in lieu of a number of variances, some of which could not be granted. N:\ Departments \Community Development \Planning \Case Files \P \P 13 -01 Kliever Lake Fields 4th \SR to PC Kliever Lake Fields 4th 7- 11- 13.docx